Rohitesh Tak from the National University of Advanced Legal Studies, Kochi writes on the Supreme Court approach towards Passive Euthanasia.

Abstract

The present article is an attempt to critically analyse the Supreme Court judgements on passive euthanasia. It argues that even though the Supreme Court has recognised that under Article 21 of the Constitution, a terminally ill patient with no hope of recovery has the ‘right to die with dignity’ through smoothening the process of dying. The position upheld by it, strictly in relation to legalising passive euthanasia, is imbalanced as it has given more prominence to the principle of ‘sanctity of life’ rather than, to the right of ‘autonomy and self-determination’ of the incurable and terminally ill patients.